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2
(Ill. Bar No. 6209623)
davenelson@quinnemanuel.com
3 QUINN EMANUEL URQUHART & SULLIVAN, LLP
4
500 West Madison St., Suite 2450
Chicago, Illinois 60661
5 Telephone: (312) 705-7400
6 Facsimile: (312) 705-7401
8 kphewitt@jonesday.com
Randall E. Kay (SBN 149369)
9 rekay@jonesday.com
10 JONES DAY
4655 Executive Drive, Suite 1500
11 San Diego, California 92121
28 Defendant.
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14 Among other innovations, it has many invented technologies that enable cellular
18 and has developed numerous innovative features used in virtually every modern
19 cellular device.
22 Qualcomms patent portfolio currently includes more than 130,000 issued patents
23 and patent applications worldwide. Hundreds of mobile device suppliers around the
28 would lose much of their consumer appeal. Apple was a relatively late entrant in the
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1 mobile device industry, and its mobile devices rely heavily on the inventions of
2 Qualcomm and other companies that Qualcomm has invested in. While Apple is
3 trying to take credit for creat[ing] the modern smartphone as a product category, it
4 was the pioneering inventions by Qualcomm that created the smartphone. Nearly a
5 decade before Apple released the iPhone, Qualcomm unveiled its own full-feature,
7 buying guide, Qualcomms pdQ 1900 lets you make calls, keep records, send
8 email, browse the web and run over a thousand different applications, all while on
9 the go. Although a cell phone, it is one of the first truly portable, mobile and
10 multipurpose Internet devices.1 And there were many follow-on devices with
11 similar capabilities, long before the iPhone. While Qualcomm no longer markets
14 Other companies, like Apple, now manufacture and market phones that feature
19 Qualcomms technologies enable and enhance popular features that drive consumer
21 improve battery health and battery life; improved radio signaling and networking
23 that automatically focus on a desired location; and machine learning capabilities that
25 others.
26
27
1
28
http://edition.cnn.com/1999/TECH/ptech/12/03/qualcomm.pdq/.
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4 takes. Apple has admitted to its history of knowingly copying technology and being
8 daily lives. Instead of developing their own solutions in these areas, Apple instead
12 refuses to pay for those technologies. Instead, as Apples founder boasted, Apple
14 shameless about stealing great ideas.2 Apple employees likewise admit that
15 Applea relatively late entrant in the mobile spacedid not invent many of the
17 work of others: I dont know how many things we can come up with that you could
18 legitimately claim we did first. . . . We had the first commercially successful version
19 of many features but thats different than launching something to market first.3
20 10. But rather than pay Qualcomm for the technology Apple uses, Apple
21 has taken extraordinary measures to avoid paying Qualcomm for the fair value of
22
2
23 Interview with Steve Jobs, available at
https://www.youtube.com/watch?v=CW0DUg63lqU (Picasso had a saying, good
24
artists copy, great artists steal. And we have always been shameless about stealing
25 great ideas.).
3
26
April 2010 email from Apples iPhone Product Marketing Manager, Steve
Sinclair, reported in: Rick Merritt, Schiller shocked at copycat Samsung phone,
27 Embedded (Aug. 3, 2012), http://www.embedded.com/print/4391702 (April 21,
28
2017 snapshot of page, accessed via Googles cache).
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2 patent hold-out, and has repeatedly pursued a patent hold-out strategy using its
4 recently, on January 20, 2017, Apple sued Qualcomm in this district, asserting an
5 array of excuses to avoid paying fair-market, industry-standard rates for the use of
6 certain of Qualcomms pioneering patents that are critical to all smartphones like the
8 companies that manufacture the iPhone to breach their contracts with Qualcomm by
9 refusing to pay for the Qualcomm technology in iPhones, something that those
10 manufacturers had done for many years, without complaint, before Apples direction
11 to stop. Further, Apple misled governmental agencies around the world into
15 technological standard would require use of the patent. Qualcomm also owns a
19 is aware that Qualcomm cannot pursue Apple for infringement of those licensed
20 patents. But many other patents covering cutting edge technologies used in iPhones
21 -- are not included in licenses to Apples iPhone manufacturers that Apple has
22 infringed upon.
2 rights in the patents identified below and to address and remedy Apples flagrant
4 PARTIES
5 14. Qualcomm is a Delaware corporation with its principal place of
6 business at 5775 Morehouse Drive, San Diego, California. Since 1989, when
9 been recognized as an industry leader and innovator in the field of mobile devices
10 and cellular communications. Qualcomm owns more than 130,000 patents and
11 patent applications around the world relating to cellular technologies and many
15 a substantial portion of its revenues and profits from licensing its intellectual
16 property. Qualcomm is also a world leader in the sale of chips, chipsets, and
18 15. Apple is a corporation organized and existing under the laws of the
19 State of California, with its principal place of business at 1 Infinite Loop, Cupertino,
20 California. Apple designs, manufactures, and sells throughout the world a wide
23 learning patents.
28
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1 17. This Court has personal jurisdiction over Apple because it is organized
2 and exists under the laws of California.
3 18. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c)
4 and 28 U.S.C. 1400(b). Venue is appropriate under 28 U.S.C. 1400(b) at least
5 because Apple is incorporated in California and because Apple has committed acts
7 district. Apples acts of infringement in this district include but are not limited to
8 sales of the Accused Products at Apple Store locations in this district, including but
9 not limited to 7007 Friars Road, San Diego, CA 92108 and 4505 La Jolla Village
11 STATEMENT OF FACTS
12 Qualcomm Background
13 19. Qualcomm was founded in 1985 when seven industry visionaries came
14 together to discuss the idea of providing quality communications. For more than 30
16 and selling innovative semiconductor and cellular technology and products for the
20 audio quality was poor, users sometimes heard portions of others calls, handoffs
21 were noisy, and calls frequently dropped. Qualcomm played a central role in the
23 cellular devices are remarkably powerful and can deliver reliable voice service and
27 in the United States, 68 percent of whom are engineers, and it occupies more than
28
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1 92 buildings (totaling over 6.5 million sq. ft.) in seventeen states and the District of
2 Columbia.
5 business. Since its founding, Qualcomm has invested tens of billions of dollars in
18 Apple Background
19 24. Apple has built the most profitable company in the world, thanks in
20 large part to products that rely on Qualcomms patented technologies. With a
21 market capitalization of more than $700 billion, $246 billion in cash reserves, and a
22 global sphere of influence, Apple has more money and more influence than many
24 has acquired, Apple has become the dominant player in mobile device sales.
25 Apples dominance has grown every year since the iPhones launch in 2007. In
26 recent years, Apple has captured upwards of 90 percent of all profits in the
27 smartphone industry.
28
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5 optimize products around the globe. Many of those inventions are reflected in
7 case).
10 Charge is the #1 fast charging method based on the number of devices and
15 wireless capabilities, the devices tend to consume more power, necessitating the use
18 time, but charging at a higher voltages or currents may compromise safety or long-
20 28. Battery safety also has emerged as a major concern for both consumers
21 and regulators. Battery-related fires can lead to recalls, bans, and declines in
22 demand. Some battery fires have been related to charging issues. To successfully
23 compete in the market, and to satisfy regulators, electronics makers must now
24 demonstrate that the battery systems in their products are safe, especially when it
26
4
27 https://www.qualcomm.com/news/snapdragon/2016/11/17/qualcomm-quick-
28
charge-4-five-minutes-charging-five-hours-battery-life.
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1 29. At the same time, customers demand batteries that store huge amounts
2 of energy and charge quickly, for convenience. Ensuring safety while maintaining
3 large battery capacity, fast charge times, and overall battery performance poses
7 battery performance standards, and in a way that preserves battery capacity and life.
13 charging] technology; today 20 do, and its fair to assume that it will be a standard
19 with industry leading power management and charging performance.7 All former
21 continued developing and improving the Quick Charge technology after acquiring
23
5
http://www.consumerreports.org/smartphones/plugging-old-phone-chargers-into-
24 fast-charge-smartphones/; see also
25 https://www.qualcomm.com/media/documents/files/quick-charge-device-list.pdf.
6
26 https://www.qualcomm.com/news/onq/2013/02/14/qualcomm-quick-charge-10-
less-time-charging-more-time-doing.
27 7
https://www.qualcomm.com/news/releases/2012/06/18/qualcomm-acquires-
28 summit-microelectronics.
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3 34. Summit was the original assignee of U.S. Patent Number 7,834,591
4 (the 591 patent). Qualcomm acquired ownership of the 591 patent when it
11 battery-powered devices feature a system that also allows the devices to charge
12 quickly while preserving battery performance. Apples website states that its
13 batteries charge[] fast for convenience and slow for longevity. It continues:
14 Your Apple lithium-ion battery uses fast charging to quickly reach 80% of its
15 capacity, then switches to slower trickle charging. The amount of time it takes to
16 reach that first 80% will vary depending on your settings and which device youre
17 charging. This combined process not only lets you get out and about sooner, it also
23
24
25
26 8
https://www.qualcomm.com/news/snapdragon/2016/11/17/qualcomm-quick-
27 charge-4-five-minutes-charging-five-hours-battery-life.
9
28 http://www.apple.com/batteries/why-lithium-ion/.
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5 Consumers want all of their devices to be connected and communicate with one
6 another. But getting devices to relay accurate and reliable information with another
8 Delivery technology, U.S. Patent Number 8,971,861 (patent 861), meets these
9 demands by enabling one mobile device to track, sense, monitor, and transmit
10 relevant health data such as dehydration and heart rate to another mobile device.
11 39. Apple heavily markets its devices varied wireless capabilities and
12 ability to connect to one another wirelessly, pushing consumers to mobile devices
13 that pair with one another.10 For example, Apple Watch is widely promoted by
14 Apple to track and relay relevant data such as health and physiologic data to the
15 users other mobile devices.11 Based on the physiological data, iPhone may push
17 Watch.12
18 40. Apple also touts that Apple Watch will record a users location,
19 distance, and elevation during a run and that those detailed stats can then be
20 viewed on the users iPhone.13 Apple further encourages Apple Watch users to view
21
22
23
24 10
See http://www.apple.com/pr/library/2014/09/09Apple-Unveils-Apple-Watch-
25 Apples-Most-Personal-Device-Ever.html.
11
26 See http://www.apple.com/watch/health/.
12
27 See https://support.apple.com/en-us/HT204666
13
28 See https://www.apple.com/apple-watch-series-3/#sports-watch
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11 Qualcomm has made important advances in aggregating input signals from different
13 patterns in user behavior and provide personalized suggestions and assistance for a
15 44. Apple heavily markets features that use this technology to improve the
16 user experience. For example, Apple promotes Proactive Suggestions in its Maps
17 application, with Apple promising to predict where the user will go and suggest the
18 fastest way to get there.15 Apples Siri also adapts to the user and provides services
19 that are personalized to the user. These and other features Apple offers use machine
21 input signals.
24 (the 865 patent), without paying for them, to deliver the personalized user
26
14
27 See id.
15
28 See https://www.apple.com/ios/maps/
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11 rates to be transmitted. Id. at 2:3-5. Apples newest iPhones use this patented
12 technology and yet Apple has refused to pay Qualcomm to use it.
17 U.S. Patent 8,447,132 (the 132 patent). Qualcomms patented technology relates
18 to recognizing an object in a image and applying correction to that object all while
20 improve the user experience. The 132 patent achieves this by using a technology
21 known as dynamic range correction, which uses the location of a dark object, such
22 as a face, to determine the exposure time, and then the exposure can be adjusted so
24 50. Mobile devices with dual cameras, including certain Apple devices, use
25 this invention to perform high quality simulations of photographic effects (such as
26 the so-called bokeh effect) that can otherwise be generated only with bulky and
28 Marketing described the iPhone 7 Pluss ability to create a depth map of [an] image
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1 from [its] two cameras . . . and apply a beautiful blur to the background as a huge
4 photography without paying for them, to deliver the personalized user experiences
5 Apple promises.
9 smaller and smaller, it becomes harder to design circuits that are durable without
11 chipsets, and associated software for mobile phones, Qualcomm has overcome these
12 difficulties. Qualcomm continuously innovates in the areas of cell layout and chip
13 design and has made important advances in high-density circuit architecture that
15 52. For example, one such patented technology, U.S. Patent Number
16 9,024,418 (the 418 patent), uses improved design layouts to shorten the distance
17 between circuits and improve performance. In the process, the circuitry becomes
22 them to take advantage of these gains in performance and density without paying the
24
25
26
27 16
https://singjupost.com/apple-iphone-7-keynote-september-2016-launch-event-
28 full-transcript/8/
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1 COMMENT
2 The Accused Devices
3 54. As set forth below, a variety of Apples devicesincluding certain of
4 Apples iPhones and iPadspractice one or more of the Patents-in-Suit.
5 The Patents-in-Suit
6 55. The following patents are infringed by Apple (Patents-in-Suit): U.S.
7 Patent No. 8,971,861 (the 861 patent), U.S. Patent No. 7,834,591 (the 591
8 patent), U.S. Patent No. 8,768,865 (the 865 patent), U.S. Patent No. 8,229,043
9 (the 043 patent), U.S. Patent 8,447,132 (the 132 patent), and U.S. Patent No.
11 56. As described below, Apple has been and is still infringing, contributing
12 to infringement, and/or inducing others to infringe the Patents-in-Suit by making,
13 using, offering for sale, selling, or importing devices that practice the Patents-in-
14 Suit. Apples acts of infringement have occurred within this District and elsewhere
19 right to bring actions and recover damages for Apples infringement of the 861
20 patent. The 861 patent is valid and enforceable. A copy of the 861 patent is
22 58. The 861 patent relates to relaying content to a mobile device based on
23 the physiological data collected by the mobile device. 861 patent at Abstract. For
24 instance, a mobile device takes sensor readings that detect the condition of the
25 individual, such as dehydration, a high heart rate, etc., and can use a computer
26 system to suggest activities. Id. at 1:33-39. The physiological state data may
27 comprise heart rate data, heart rate variability data, skin conductance level data,
1 Capturing, by the mobile device, the physiological state data of the user of the
2 mobile device may comprise using one or more biomedical sensors selected from a
6 state data can then be transmitted to another mobile device for further analysis and
7 action: The patent also claims relaying specific content to a mobile device based
8 on physiologic data detected. Thus the process results in physiological state data
9 collected form the user of the mobile device capture at a time to be received from
14 Qualcomm, who is the owner of the 591 patent and has the full and exclusive right
15 to bring actions and recover damages for Apples infringement of the 591 patent.
16 The 591 patent is valid and enforceable. A copy of the 591 patent is attached
17 hereto as Exhibit B.
20 switching regulator and filter to the battery. 591 patent at 16:51-53. The switching
22 switching signal at the control terminals of the switching transistor. Id. at 16:62-66.
23 The current to the battery may be maintained at a constant value by using the sensed
24 battery current to modify the control signal and thus change the output of the
26 the battery may be set based on the sensed voltage or current at the battery. Id. at
27 17:12-16. The switching regulator may provide to the battery a current that is
28 greater than the current from the power source. Id. at 17:34-37. In addition, the
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1 current to the battery may be reduced as the battery voltage increases. Id. at 18:4-8.
6 to bring action and recover damages for Apples infringement of the 865 patent.
7 The 865 patent is valid and enforceable. A copy of the 865 patent is attached
8 hereto as Exhibit C.
9 62. The 865 patent relates to machine learning of situations via pattern
10 matching or recognition for use with mobile devices. The claimed invention
18 to bring action and recover damages for Apples infringement of the 043 patent.
19 The 043 patent is valid and enforceable. A copy of the 043 patent is attached
20 hereto as Exhibit D.
21 64. The 043 patent relates to an amplified stepped gain mixer that
22 improves the signal-to-noise ratio of a receiver by using multiple gain states to
23 improve linearity. 043 patent 2:9-12. The mixer includes an amplifier, a switch,
24 and two transistors. The amplifier output is coupled to the sources of the transistors,
25 and an oscillating signal is present on the transistor gates. The transistor drains are
26 coupled to one another through the switch when the switch is closed. The mixer
27 portion is configured such that the switch is closed when a switching signal is
28
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1 asserted. The switching signal is asserted when at bit of a mixer control register is
6 to bring action and recover damages for Apples infringement of the 132 patent.
7 The 132 patent is valid and enforceable. A copy of the 132 patent is attached
8 hereto as Exhibit E.
9 66. The 132 patent relates generally to a method and apparatus for
10 recognizing an object in an image, applying a correction to that object, and applying
11 a different correction to a different part of the image. 132 patent at 1:10-14. For
12 example, the 132 patent achieves this by using a technology known as dynamic
13 range correction, which uses the location of a dark object, such as a face, to
14 determine the exposure time, and then the exposure can be adjusted so that the face
19 to bring action and recover damages for Apples infringement of the 418 patent.
20 The 418 patent is valid and enforceable. A copy of the 418 patent is attached
21 hereto as Exhibit F.
22 68. The 418 patent relates generally to improved local interconnect layouts
23 to improve circuit density and performance, and specifically to a local interconnect
26 coupling enables reduced cell height for a variety of devices such as transistors and
27 Through this process circuit isolation is achieved without diffusion and grid breaks
4 70. Qualcomm is the lawful owner of the 861 patent and has the full and
5 exclusive right to bring actions and recover damages for Apples infringement of
6 said patent.
7 71. In violation of 35 U.S.C. 271, Apple has been and is still infringing,
8 contributing to infringement, and/or inducing others to infringe the 861 patent by
9 making, using, offering for sale, selling, or importing mobile devices that practice
10 the patent, including but not limited to Apple Watch as used with iPhone 5, iPhone
11 5C, iPhone 5S, iPhone 6, iPhone 6 Plus, iPhone 6S, iPhone 6S Plus, iPhone 7,
13 72. The accused devices are capable of being used together to monitor and
14 relay a users physiological data and health. For example, Apple Watch is a mobile
15 device that collects physiological data from a user and sends it to an iPhone for
16 analysis and action. Based on the physiological data, iPhone may push
18 73. More specifically, Apple Watch will monitor, e.g., a users heart rate,
19 and send that data to the users iPhone. The iPhone will thereafter analyze that data
20 and provide notifications to a user such as predefined achievements, goals, etc., that
22 74. The accused devices infringe at least claims 1, 3, 4, 10, 12, 13, 19, 21,
23 22, 26, 27, 28, 29, 30, and 31 of the 861 patent.
24 75. The accused devices infringe claim 1 of the 861 patent as follows.
25 Each accused device includes a method for selecting for receiving, by a host
26 computer system, from a mobile device, physiological state data collected from a
27 user of the mobile device. This method is mapped on iPhone 5 or later as Apple
28
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1 Watch is compatible with such devices.17 Apple Watch collects physiological state
2 data such as heart rate, which is explicitly recognized as such in the patent
3 specification.18 This data can then be sent to an iPhone.19 On information and belief
4 that creating the summaries, charts, and comparison figures above constitutes
5 analysis as recited in claim 1. On information and belief that the devices using the
7 WatchKit extension and the iOS app20 constitutes selecting content from a
11 76. With respect to claims 3 and 4, on information and belief, the method
12 for selecting content for delivery of claim 1 above also includes
14 indicates motions of the mobile device. Thus, the accused devices infringe claims 3
16 77. With respect to claim 10 of the 861 patent, on information and believe
17 the accuse devices contain a system for selecting content for delivery. Such a
19 devices.21 On information and belief that the accused devices contain one or more
20
17
21 See http://www.apple.com/pr/library/2014/09/09Apple-Unveils-Apple-Watch-
Apples-Most-Personal-Device-Ever.html.
22 18
See http://www.apple.com/watch/health/
23 19
See https://support.apple.com/en-us/HT204666
24 20
See
25 https://developer.apple.com/library/watchos/documentation/General/Conceptual/Wa
tchKitProgrammingGuide/SharingData.html#//apple_ref/doc/uid/TP40014969-
26
CH29-SW1
27 21
See http://www.apple.com/pr/library/2014/09/09Apple-Unveils-Apple-Watch-
28 Apples-Most-Personal-Device-Ever.html.
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2 readable instructions. Thus, the accused devices infringe claim 10 of the 861 patent.
3 78. With respect to claim 12 and 13 of the 861 patent, on information and
4 belief, the system for selecting content for delivery of each accused device includes
5 the receipt of environmental data form the mobile device, wherein selecting the
6 content to deliver to the mobile device is at least partially based on the physiological
7 state data and is further at least partially based on the environmental data. On the
8 information and belief that the environmental data indicates motion of the mobile
9 device. Thus, the accused devices infringe claims 12 and 13 of the 861 patent.
10 79. With respect to claim 19 of the 861 patent, on information and belief,
11 the accused devices include a non-transitory processor-readable medium for
13 more processors to receive, analyze, select, and transmit physiological state data
14 collected from the user to be transmitted to the mobile device. Thus, the accused
16 80. With respect to claims 21 and 22 of the 861 patent, on information and
17 belief, the non-transitory processor-readable medium for selecting content for
18 delivery of each accused device includes the ability to receive environmental data.
19 The environmental data indicates motion of the mobile device. Thus, the accused
21 81. With respect to claim 26 of the 861 patent, on information and belief,
22 the accused devices include an apparatus for selecting content for delivery
24 physiological state data collected from the user to be transmitted to the mobile
25 device. Thus, the accused devices infringe claim 26 of the 861 patent.
26
27
22
28 See http://www.apple.com/iphone-6s/technology/.
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1 82. With respect to claims 28 and 29 of the 861 patent, on information and
2 belief, the apparatus for selecting content for delivery of each accused device
4 indicates motion of the mobile device. Thus, the accused devices infringe claims 28
6 83. With respect to claims 30 and 31 of the 861 patent, on information and
7 belief, the apparatus for selecting content for delivery of each accused device
8 includes the means for capturing, receiving, monitoring, and aborting presentation
9 of the selected content and deleting the content from the mobile device in response
10 to the trigger action not occurring with a threshold period of time. Thus, the
12 84. On information and belief, Apple is currently, and unless enjoined, will
13 continue to, actively induce and encourage infringement of the 861 patent. Apple
14 has known of the 861 patent at least since the time this complaint was filed and
16 encourages others to infringe the 861 patent. On information and belief, Apple
18 users of the accused devices. For example, Apples customers and the end users of
19 the Accused Devices test and/or operate the Accused Devices in the United States in
20 accordance with Apples instructions contained in, for example, its user manuals,
21 thereby also performing the claimed methods and directly infringing the asserted
22 claims of the Asserted Patents requiring such operation. These facts give rise to a
24 retailers, and end users, to directly infringe the 861 patent, and that Apple possesses
26 85. Apple also contributes to infringement of the 861 patent by selling for
27 importation into the United States, importing into the United States, and/or selling
28 within the United States after importation the accused devices and the non-staple
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1 constituent parts of those devices, which are not suitable for substantial non-
2 infringing use and which embody a material part of the invention described in the
3 861 patent. These mobile electronic devices are known by Apple to be especially
4 made or especially adapted for use in the infringement of the 861 patent. Apple
5 also contributes to the infringement of the 861 patent by selling for importation into
6 the United States, importing into the United States, and/or selling within the United
7 States after importation components, such as the chipsets or software containing the
8 infringing functionality, of the accused devices, which are not suitable for
9 substantial non-infringing use and which embody a material part of the invention
10 described in the 861 patent. These mobile devices are known by Apple to be
11 especially made or especially adapted for use in the infringement of the 861 patent.
12 Specifically, on information and belief, Apple sells the accused devices to resellers,
13 retailers, and end users with knowledge that the devices are used for infringement.
14 End users of those mobile electronic devices directly infringe the 861 patent.
15 86. Apples acts of infringement have occurred within this district and
16 elsewhere throughout the United States.
17 87. Qualcomm has been damaged and will suffer additional damages and
18 irreparable harm unless Apple is enjoined from further infringement. Qualcomm
23 89. Qualcomm is the lawful owner of the 591 patent, and has the full and
24 exclusive right to bring actions and recover damages for Apples infringement of
25 said patent.
26 90. In violation of 35 U.S.C. 271, Apple has been and is still infringing,
27 contributing to infringement, and/or inducing others to infringe the 591 patent by
28 making, using, offering for sale, selling, or importing mobile devices that practice
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1 the patent, including but not limited to the iPhone 6S, iPhone 6S Plus, iPhone SE,
2 iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPad mini 4, the 12.9 2015 iPad
4 91. The accused devices allow battery charging where the filter is coupled
5 between the switching regulator and the battery component. The filtered output
6 current to the battery from the switching regulator is greater than the input current to
7 the switching regulator and is greater than the maximum current capability of the
8 USB power source. The charger will first operate in current control mode before
10 92. The accused devices infringe at least claims 1, 4, 5, 6, 7, 8, 15, 21, 22,
11 23, 24, 25, 28, 29, 30, and 31 of the 591 patent.
12 93. The accused devices infringe claim 1 of the 591 patent as follows.
13 Each accused device includes a Universal Serial Bus (USB) battery charger. For
14 example, the iPhone 7, iPhone 7 Plus, iPhone 6S, iPhone 6S Plus, and iPhone SE
15 each includes a USB battery charger, which includes at least an integrated circuit
16 (IC).23 Other Apple devices each includes a corresponding USB battery charger.
17 On information and belief, the battery charger of each accused device includes a
18 switching regulator having at least one switching transistor and a filter as recited
19 in claim 1. On information and belief, the switching transistor has a first input
20 coupled to a USB power source and a first output coupled to a first input of the
21 filter, and a battery is coupled to a first output of the filter such that the switching
24 switching voltage at the output of the switching transistor are coupled through the
25 filter to a battery to generate a filtered current and a filtered voltage to charge the
26
23
See http://www.techinsights.com/about-techinsights/overview/blog/inside-the-
27 iphone-6s/; http://www.techinsights.com/about-techinsights/overview/blog/apple-
28 iphone-7-teardown/.
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1 battery. That is, a switching voltage and current is present at the switching
2 regulator output prior to the filter, and the switching current and voltage is coupled
3 to the filter to provide a filtered current and voltage to the battery. On information
4 and belief, the battery charger of each accused device provides a filtered current that
5 is greater than a first input current into the first input of the switching transistor
6 and is reduced, in a current control mode, as a voltage on the battery increases. That
7 is, when a discharged accused device is connected to a USB wall adapter plugged
8 into an outlet, the filtered output current to the battery is greater than the input
9 current to the switching regulator, and the filtered output current decreases while the
11 charging of the battery in the accused Apple device. Thus, Apple devices infringe
13 94. With respect to claims 2 and 3, on information and belief, the battery
14 charger of each accused device includes a voltage controller that senses the filtered
15 voltage, which is derived from the battery voltage. Based on the filtered voltage, the
16 voltage controller controls the switching signal at the control terminal of the
20 programmed voltage to the battery if the voltage on the battery is above a first
21 threshold. Thus, the accused devices infringe claims 2 and 3 of the 591 patent.
22 95. With respect to claims 4 and 5, on information and belief, the battery
23 charger of each accused device includes a current controller that senses the filtered
24 current based on the current flowing through the switching transistor. Based on the
25 filtered current, the current controller controls the switching signal at the control
27 programmable array and the sensed filtered current. The programmable array
28 configures the current controller to supply a first programmed current to the battery
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1 if the voltage on the battery is below a first threshold. Thus, the accused devices
3 96. With respect to claim 6 of the 591 patent, on information and belief,
4 the battery charger of each accused device includes a current controller that receives
5 an input signal indicating a maximum input current, the input signal programming
6 the current controller to set a maximum battery current based on the maximum input
7 current. The battery current is compared with the programmable maximum battery
8 current, and a control signal for the switching transistor causes the battery current to
9 be reduced such that it remains under the maximum battery current. Thus, the
11 97. With respect to claim 7 of the 591 patent, on information and belief,
12 the battery charger of each accused device receives a USB voltage that is between
13 4.1 volts and 5.25 volts while charging. Thus, the iPhone and iPad accused devices
15 98. With respect to claim 8 of the 591 patent, on information and belief,
16 the battery charger of each accused device charges by receiving a first input
17 voltage and a first input current at an input of a switching regulator from a USB
18 power source as recited in claim 8. On information and belief, the switching output
19 voltage and current from the switching regulator are coupled through a filter to a
20 terminal of the battery such that the switching regulator is configured to generate a
21 first output voltage and a first output current to a control terminal of the battery. On
22 information and belief, the battery charger of each accused device provides an input
23 voltage that is greater than a first output voltage on the battery and the first output
24 current is reduced, in a current control mode, as the first output voltage on the
25 battery increases. That is, when a discharged accused device is connected to a USB
26 wall adapter plugged into an outlet, the filtered input current to the battery is greater
27 than the output current to the control terminal of the battery, and the output current
3 99. With respect to claim 15 of the 591 patent, on information and belief,
4 the battery charger of each accused device includes a current controller to set the
5 filtered current to be greater than the first input current received at the first input of
6 the switching transistor. Thus, the accused devices infringe claim 15 of the 591
7 patent.
8 100. With respect to claim 21 of the 591 patent, on information and belief,
9 the battery charger of each accused device provides a filtered current that decreases
10 while voltage increases in a current control mode, and then transitions to a voltage
13 101. With respect to claim 22 of the 591 patent, on information and belief,
14 the battery charger of each accused device has a short precharge period (e.g.,
16 precharge period as the battery voltage increases. Thus, the accused devices
18 102. With respect to claims 23 and 24 of the 591 patent, on information and
19 belief, the battery charger of the accused iPhone and iPad devices each has a filtered
20 current set at a value above a maximum current capability of the USB power source
21 during a portion of the charge cycle and reduced under control of a current
22 controller circuit. During the portion of the charge cycle where the filtered current
23 is set at the value above the maximum current capability of the USB power source,
24 the battery charger of the accused device provides a filtered current that is greater
25 than the maximum current capability of the USB power source. For example,
26 Apples USB Power Adaptors for iPhones have a maximum current capability of 1
27
28
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1 A as they are rated to 1 A.24 However, on information and belief, during a portion
2 of the charge cycle for iPhones (e.g., towards the beginning of the charge cycle), the
4 of their charge cycles, the accused iPad devices set a filtered current that is above
5 the maximum current capability of the iPad chargers. Thus, the accused iPhone and
7 103. With respect to claim 25 of the 591 patent, on information and belief,
8 the battery charger of each accused device charges where the input current is
11 104. With respect to claim 28 of the 591 patent, for the iPhone 6S, and
12 other Apple devices, the output current is reduced before a transition to a voltage
13 controlled mode. Thus, the accused devices infringe claim 28 of the 591 patent.
14 105. With respect to claim 29 of the 591 patent, on information and belief,
15 the battery charger of each accused device has a short precharge period (e.g.,
17 591 patent.
18 106. With respect to claims 30 and 31 of the 591 patent, on information and
19 belief, the battery charger of the accused iPhone and iPad devices each has a filtered
20 current set at a value above a maximum current capability of the USB power source
21 during a portion of the charge cycle and reduced under control of a current
22 controller circuit. During the portion of the charge cycle where the filtered current
23 is set at the value above the maximum current capability of the USB power source,
24 the battery charger of the accused device provides a filtered current that is greater
25 than the maximum current capability of the USB power source. For example,
26 Apples USB Power Adaptors for iPhones have a maximum current capability of 1
27
24
28 See https://www.apple.com/power-adapters/.
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1 A as they are rated to 1 A.25 However, on information and belief, during a portion
2 of the charge cycle for iPhones (e.g., towards the beginning of the charge cycle), the
4 of their charge cycles, the accused iPad devices set a filtered current that is above
5 the maximum current capability of the iPad chargers. Thus, the accused iPhone and
7 107. On information and belief, Apple is currently, and unless enjoined, will
8 continue to, actively induce and encourage infringement of the 591 patent. Apple
9 has known of the 591 patent at least since the time this complaint was filed and
11 encourages others to infringe the 591 patent. On information and belief, Apple
13 users of the accused devices. For example, Apples customers and the end users of
14 the Accused Devices test and/or operate the Accused Devices in the United States in
15 accordance with Apples instructions contained in, for example, its user manuals,
16 thereby also performing the claimed methods and directly infringing the asserted
17 claims of the Asserted Patents requiring such operation. These facts give rise to a
19 retailers, and end users, to directly infringe the 591 patent, and that Apple possesses
21 108. Apple also contributes to infringement of the 591 patent by selling for
22 importation into the United States, importing into the United States, and/or selling
23 within the United States after importation the accused devices and the non-staple
24 constituent parts of those devices, which are not suitable for substantial non-
25 infringing use and which embody a material part of the invention described in the
26 591 patent. These mobile electronic devices are known by Apple to be especially
27
25
28 See https://www.apple.com/power-adapters/.
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1 made or especially adapted for use in the infringement of the 591 patent. Apple
2 also contributes to the infringement of the 591 patent by selling for importation into
3 the United States, importing into the United States, and/or selling within the United
4 States after importation components, such as the chipsets or software containing the
5 infringing functionality, of the accused devices, which are not suitable for
6 substantial non-infringing use and which embody a material part of the invention
7 described in the 591 patent. These mobile devices are known by Apple to be
8 especially made or especially adapted for use in the infringement of the 591 patent.
9 Specifically, on information and belief, Apple sells the accused devices to resellers,
10 retailers, and end users with knowledge that the devices are used for infringement.
11 End users of those mobile electronic devices directly infringe the 591 patent.
12 109. Apples acts of infringement have occurred within this district and
13 elsewhere throughout the United States.
14 110. Qualcomm has been damaged and will suffer additional damages and
15 irreparable harm unless Apple is enjoined from further infringement. Qualcomm
20 112. Qualcomm is the lawful owner of the 865 patent, and has the full and
21 exclusive right to bring actions and recover damages for Apples infringement of
22 said patent.
23 113. In violation of 35 U.S.C. 271, Apple has been and is still infringing,
24 contributing to infringement, and/or inducing others to infringe the 865 patent by
25 making, using, offering for sale, selling, or importing devices that practice the
26 patent, such as Apple devices running iOS 9 and above, including but not limited to
27 iPhone 4S, iPhone 5, iPhone 5C, iPhone 5S, iPhone 6, iPhone 6 Plus, iPhone 6S,
28 iPhone 6S Plus, iPhone SE, iPhone 7, iPhone 7 Plus, iPad Pro with Wi-Fi and
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1 cellular, iPad Air and later with Wi-Fi and cellular, iPad 2 and later with Wi-Fi and
2 cellular, and iPad mini and later with Wi-Fi and cellular.
3 114. The accused devices are capable of machine learning and anticipating
4 what users may do next. The accused devices learn a pattern of user behavior over
5 time by monitoring user inputs and other input signals (for example, GPS or
6 Bluetooth signals). Based on user behavior, when certain conditions associated with
7 a specific pattern are detected, the accused devices may provide suggestions to the
8 user. Since it is important that the provided suggestions make sense in view what
9 the user is planning to do next, and because the accused devices have access to
10 many different streams of input signals, the accused devices fix a subset of
13 115. The accused devices infringe at least claims 1, 2, 3, and 4 of the 865
14 patent. Regarding claim 1, the accused devices incorporate infringing Proactive
16 sources (such as GPS, Wi-Fi, or Bluetooth) to identify a pattern, such as whether the
19
20
21
26
22
Apple states that Proactive Suggestions help[s] the system suggest your app to
users at appropriate times . . . , which helps the system promote your app in
23 additional places, such as the keyboard with QuickType suggestions, Maps and
24 CarPlay, the app switcher, Siri interactions, and (for media playing apps) the lock
screen. https://developer.apple.com/library/content/releasenotes/
25 General/WhatsNewIniOS/Articles/iOS10.html.
27
26 https://www.apple.com/accessibility/iphone/learning-and-literacy/.
28
27 http://www.idownloadblog.com/2015/06/15/ios-9-predictive-touch/.
29
28 https://www.macrumors.com/how-to/ios-10-messages-emoji/.
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2 user returning home from work are identified based on at least one detected
3 condition, which may include whether the user is sitting in the users car, whether
4 the user is at work, and what time the user is leaving work. On information and
6 this pattern so that at least one such varying parameter represents at least one
7 detected condition. For example, a parameter received from an input signal, such as
9 condition, such as the user sitting in the users car. On information and belief, after
10 the first pattern has been detected, Proactive Suggestions can recognize a second
11 pattern from a reduced set of varying parameters by using the same fixed subset of
12 varying parameters as the first pattern. For example, if the user occasionally goes to
13 the gym on the way home from work, Proactive Suggestions may detect, while
14 holding the Bluetooth signal as connected to car, that the user has deviated from
15 directions leading to the users home and may recognize, based on the reduced set of
16 varying parameters, a second pattern that the user is instead heading to the gym
17 after work. Thus, the accused devices infringe claim 1 of the 865 patent.
18 116. Regarding claim 2 of the 865 patent, the accused devices are able to
19 receive accelerometer, GPS, or Wi-Fi as input signals. Thus, the accused devices
21 117. Regarding claim 3 of the 865 patent, after identifying one pattern, the
22 accused devices will attempt to recognize another pattern based on the monitored
23 input signals. Thus, the accused devices infringe claim 3 of the 865 patent.
24 118. Regarding claim 4 of the 865 patent, on information and belief, the
25 accused devices recognize another pattern in claim 3 based on a reduced set of
26
27 30
http://www.idownloadblog.com/2017/06/05/ios-11-adds-new-dock-drag-and-
28 drop-and-other-ipad-productivity-features/.
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1 varying parameters not previously fixed to represent a condition associated with the
2 first pattern. Thus, the accused devices infringe claim 4 of the 865 patent.
3 119. On information and belief, Apple is currently, and unless enjoined, will
4 continue to, actively induce and encourage infringement of the 865 patent. Apple
5 has known of the 865 patent at least since the time this complaint was filed and
7 encourages others to infringe the 865 patent. On information and belief, Apple
9 users of the accused devices. For example, Apples customers and the end users of
10 the Accused Devices test and/or operate the Accused Devices in the United States in
11 accordance with Apples instructions contained in, for example, its user manuals,
12 thereby also performing the claimed methods and directly infringing the asserted
13 claims of the Asserted Patents requiring such operation. These facts give rise to a
15 retailers, and end users, to directly infringe the 865 patent, and that Apple possesses
17 120. Apple also contributes to infringement of the 865 patent by selling for
18 importation into the United States, importing into the United States, and/or selling
19 within the United States after importation the accused devices and the non-staple
20 constituent parts of those devices, which are not suitable for substantial non-
21 infringing use and which embody a material part of the invention described in the
22 865 patent. These mobile electronic devices are known by Apple to be especially
23 made or especially adapted for use in the infringement of the 865 patent. Apple
24 also contributes to the infringement of the 865 patent by selling for importation into
25 the United States, importing into the United States, and/or selling within the United
26 States after importation components, such as the chipsets or software containing the
27 infringing functionality, of the accused devices, which are not suitable for
28 substantial non-infringing use and which embody a material part of the invention
NAI-1503232031v1 34
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1 described in the 865 patent. These mobile devices are known by Apple to be
2 especially made or especially adapted for use in the infringement of the 865 patent.
3 Specifically, on information and belief, Apple sells the accused devices to resellers,
4 retailers, and end users with knowledge that the devices are used for infringement.
5 End users of those mobile electronic devices directly infringe the 865 patent.
6 121. Apples acts of infringement have occurred within this district and
7 elsewhere throughout the United States.
8 122. Qualcomm has been damaged and will suffer additional damages and
9 irreparable harm unless Apple is enjoined from further infringement. Qualcomm
14 124. Qualcomm is the lawful owner of the 043 patent and has the full and
15 exclusive right to bring actions and recover damages for Apples infringement of
16 said patent.
17 125. In violation of 35 U.S.C. 271, Apple has been and is still infringing,
18 contributing to infringement, and/or inducing others to infringe the 043 patent by
19 making, using, offering for sale, selling, or importing mobile devices that practice
20 the patent, including but not limited to the iPhone 7 and iPhone 7 Plus.
21 126. The accused devices contain an amplifier and two transistors connected
22 by a switch. Specifically, the devices allows for the drains of the first and second
27 128. The accused devices infringe claim 1 of the 043 patent as follows. On
28 information and belief, that each accused device includes an amplifier having an
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1 output lead, and a first and second transistor having a source lead, a drain lead and a
2 gate lead, and the output lead of the amplifier is coupled to the source lead of the
3 first transistor and to the source lead of the second transistor, and a switch that
4 couples the drain lead of the first transistor to the drain lead of the second transistor
5 when the switch is closed, and an oscillating signal is present on the gate lead of
6 the first transistor and on the gate lead of the second transistor. Thus, the accused
8 129. With respect to claims 2 and 3, on information and belief, the amplifier
9 of each accused device includes an input lead that is coupled to an antenna, and a
10 filter with an input lead that is coupled to the drain lead of the first transistor. Thus,
12 130. With respect to claim 5, on information and belief, each accused device
13 includes a mixer control register with a switch that is closed that is closed when a
14 switching signal is asserted and the switching control is asserted when a bit of the
15 mixer control register is written to. Thus, the accused devices infringe claim 5 of the
16 043 patent.
17 131. With respect to claim 6, on information and belief, that neither the first
18 nor second transistor of each accused device receive a biasing current. Thus, the
20 132. With respect to claim 7, on information and belief , the accused device
21 is part of an OFDM receiver. Thus, the accused devices infringe claim 7 of the 043
22 patent.
23 133. With respect to claim 18, on information and belief, the accused
24 devices utilize a method for receiving a radio frequency input signal onto a source
25 lead of a first and second transistor; and outputting a baseband signal that has a
26 current with a magnitude from a drain lead of the first transistor. On information and
27 belief that the method used by accused devices increase the magnitude of the
28 current of the baseband signal by coupling the drain lead of the first transistor to a
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1 drain lead of the second transistor by closing a switch. On information and belief,
2 that neither the first nor the second transistor recieves a biasing current. Thus, the
4 134. On information and belief, Apple is currently, and unless enjoined, will
5 continue to, actively induce and encourage infringement of the 043 patent. Apple
6 has known of the 043 patent at least since the time this complaint was filed and
8 encourages others to infringe the 043 patent. On information and belief, Apple
10 users of the accused devices. For example, Apples customers and the end users of
11 the Accused Devices test and/or operate the Accused Devices in the United States in
12 accordance with Apples instructions contained in, for example, its user manuals,
13 thereby also performing the claimed methods and directly infringing the asserted
14 claims of the Asserted Patents requiring such operation. These facts give rise to a
16 retailers, and end users, to directly infringe the 043 patent, and that Apple possesses
18 135. Apple also contributes to infringement of the 043 patent by selling for
19 importation into the United States, importing into the United States, and/or selling
20 within the United States after importation the accused devices and the non-staple
21 constituent parts of those devices, which are not suitable for substantial non-
22 infringing use and which embody a material part of the invention described in the
23 043 patent. These mobile electronic devices are known by Apple to be especially
24 made or especially adapted for use in the infringement of the 043 patent. Apple
25 also contributes to the infringement of the 043 patent by selling for importation into
26 the United States, importing into the United States, and/or selling within the United
27 States after importation components, such as the chipsets or software containing the
28 infringing functionality, of the accused devices, which are not suitable for
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1 substantial non-infringing use and which embody a material part of the invention
2 described in the 043 patent. These mobile devices are known by Apple to be
3 especially made or especially adapted for use in the infringement of the 043 patent.
4 Specifically, on information and belief, Apple sells the accused devices to resellers,
5 retailers, and end users with knowledge that the devices are used for infringement.
6 End users of those mobile electronic devices directly infringe the 043 patent.
7 136. Apples acts of infringement have occurred within this district and
8 elsewhere throughout the United States.
9 137. Qualcomm has been damaged and will suffer additional damages and
10 irreparable harm unless Apple is enjoined from further infringement. Qualcomm
15 139. Qualcomm is the lawful owner of the 132 patent and has the full and
16 exclusive right to bring actions and recover damages for Apples infringement of
17 said patent.
18 140. In violation of 35 U.S.C. 271, Apple has been and is still infringing,
19 contributing to infringement, and/or inducing others to infringe the 132 patent by
20 making, using, offering for sale, selling, or importing mobile devices that practice
21 the patent, including but not limited to the iPhone 7 and iPhone 7 Plus with iOS 10.1
22 and above, Apple iPhone 8 Plus with iOS 11.0 and above, and Apple iPhone X with
24 141. The accused devices contain iPhones Image Signal Processor that is
25 capable of performing face and body detection. The accused devices identify a
26 portion of one of the images selected by a user, determine a region for enhancement
27 surrounding the selected portion, wherein the region is continuous from the selected
28 portion and has a depth within a threshold of the depth of the selected portion, and
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1 apply some enhancement to that region. For instance, the iPhone 7 Plus, in its
2 Portrait mode, uses the depth map to enhance a user-selected portion of a scene,
3 such as a foreground object, including by blurring the background of the scene and
4 enhancing regions at the edge of the foreground. The capability to simulate the
5 bokeh effect, which emphasizes a foreground object and blurs the background and
6 typically requires the use of a bulky high-end camera, is a highly touted feature of
8 142. The accused devices infringe at least claims 21, 22, and 23 of the 132
9 patent as follows. Regarding claim 21, the iPhone 7 Plus is a mobile computing
10 device equipped with an image processing unit. The device includes an apparatus
11 for enhancing images through dynamic range correction. When using the Camera
13 correction to face regions by adjusting face color with CIFaceBalance, and to other
15 Using the devices display, the user can view a live preview of the depth effect
16 generating an image in which the boundary details of the face are blended with a
18 belief, the image processing unit includes a correction unit to determine a type or
19 amount of correction to apply to the first portion of the set of digital image data that
20 is based on an output of the object detection unit, and to apply the determined type
21 or amount of correction to the first portion of the set of digital image data, and to
23 digital image data which does not represent a physical object of the predetermined
24 type. On information and belief, the Apple iPhone 8 Plus and Apple iPhone X also
25 include Portrait mode among their features and include and apparatus and
26
27
31
28 https://www.apple.com/apple-events/september-2016/ (73:06 to 73:37)
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1 dynamic range correction to perform the same image enhancement described for the
2 Apple iPhone 7 Plus. Thus, Apple devices infringe claim 21 of the 132 patent.
3 143. Regarding claim 22, iPhone devices use a dynamic range correction.
4 Thus, the accused devices infringe claim 22 of the 132 patent.
5 144. Regarding claim 23, the accused devices include an object detection
6 unit that is configured to detect faces. Thus, the accused devices infringe claim 23 of
8 145. On information and belief, Apple is currently, and unless enjoined, will
9 continue to, actively induce and encourage infringement of the 132 patent. Apple
10 has known of the 132 patent at least since the time this complaint was filed and
12 encourages others to infringe the 132 patent. On information and belief, Apple
14 users of the accused devices. For example, Apples customers and the end users of
15 the Accused Devices test and/or operate the Accused Devices in the United States in
16 accordance with Apples instructions contained in, for example, its user manuals,
17 thereby also performing the claimed methods and directly infringing the asserted
18 claims of the Asserted Patents requiring such operation. These facts give rise to a
20 retailers, and end users, to directly infringe the 132 patent, and that Apple possesses
22 146. Apple also contributes to infringement of the 132 patent by selling for
23 importation into the United States, importing into the United States, and/or selling
24 within the United States after importation the accused devices and the non-staple
25 constituent parts of those devices, which are not suitable for substantial non-
26 infringing use and which embody a material part of the invention described in the
27 132 patent. These mobile electronic devices are known by Apple to be especially
28 made or especially adapted for use in the infringement of the 132 patent. Apple
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1 also contributes to the infringement of the 132 patent by selling for importation into
2 the United States, importing into the United States, and/or selling within the United
3 States after importation components, such as the chipsets or software containing the
4 infringing functionality, of the accused devices, which are not suitable for
5 substantial non-infringing use and which embody a material part of the invention
6 described in the 132 patent. These mobile devices are known by Apple to be
7 especially made or especially adapted for use in the infringement of the 132 patent.
8 Specifically, on information and belief, Apple sells the accused devices to resellers,
9 retailers, and end users with knowledge that the devices are used for infringement.
10 End users of those mobile electronic devices directly infringe the 132 patent.
11 147. Apples acts of infringement have occurred within this district and
12 elsewhere throughout the United States.
13 148. Qualcomm has been damaged and will suffer additional damages and
14 irreparable harm unless Apple is enjoined from further infringement. Qualcomm
19 150. Qualcomm is the lawful owner of the 418 patent and has the full and
20 exclusive right to bring actions and recover damages for Apples infringement of
21 said patent.
22 151. In violation of 35 U.S.C. 271, Apple has been and is still infringing,
23 contributing to infringement, and/or inducing others to infringe the 418 patent by
24 making, using, offering for sale, selling, or importing mobile devices that practice
25 the patent, including but not limited to the A10 processor, iPhone 7, and iPhone 7
26 Plus.
27 152. The accused devices infringe at least claims 1, 2, 4, 10, 12, 13, 14, 15,
28 16, 17, 18, 19, and 20 of the 418 patent.
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1 153. The accused devices infringe claim 1 of the 418 patent as follows.
2 Each accused device includes a circuit found in the A10 processor. The accused
3 devices are capable of forming blocking transistors achieve electrical isolation. This
6 information and belief, the circuit found in the A10 Processor includes a first gate
7 layer arranged according to a gate layer pitch between a second and third gate
8 layer, and a first gate-directed local interconnect arranged between the first and
9 the second gate layer, and a second gate-directed local interconnect arranged
10 between the first and third gate lawyer. On information and belief, the circuit
12 gate layer to one of the first and second gate-directed local interconnects, and the
13 first and second gate-directed local interconnect and the diffusion-directed local
14 interconnect are all located between a lower-most metal lawyer and a semiconductor
15 substrate for the circuit. Thus, Apple devices infringe claim 1 of the 418 patent.
16 154. With respect to claim 2, on information and belief, the circuit found in
17 the accused products includes a continuous diffusion region where the first gate
18 layer comprises a gate for blocking transistor formed in the continuous diffusion
19 region. On information and belief, the first and second gate-directed local
21 first and second transistor respectively. Thus, the accused devices infringe claim 2
25 positioned within a footprint for the contiguous diffusion region Thus, the accused
27 156. With respect to claim 10, on information and belief, the circuit found in
28 the accused products includes a first gate layer for a first inverter where one of the
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3 157. With respect to claims 12 and 13, on information and belief, the A10
4 Processor forms a first gate layer arranged according to a gate layer pitch between
5 a second and third gate layer, and a first gate-directed local interconnect arranged
6 between the first and the second gate layer, and a second gate-directed local
7 interconnect arranged between the first and third gate lawyer. On information and
9 to couple the first gate layer to one of the first and second gate-directed local
10 interconnects, and the first and second gate-directed local interconnect and the
12 lawyer and a semiconductor substrate. Forming the first gate layer forms a gate for a
13 blocking transistor. Thus. The accused devices infringe claims 12 and 13 of the 418
14 patent.
15 158. With respect to claims 14 and 15, on information and belief, the circuit
16 found in the accused products forms a continuous diffusion region where the first
17 gate layer forms a gate for a transistor having a pair of drain/source terminals in the
19 directed local interconnect is formed either outside or within a footprint for the
20 continuous diffusion region. Thus, the accused devices infringe claims 14 and 15 of
22 159. With respect to claim 16, on information and belief, the accused device
23 form a coupling between one of the first and second gate-direct local interconnects
24 and the first metal layer. Thus, the accused devices infringe claim 16 of the 418
25 patent.
26 160. With respect to claim 17, on information and belief, the circuit within
27 the A10 processor includes a continuous diffusion region within a semiconductor
28 substrate and a pair of gate layers configured to form gates for a pair of transistors
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1 having source/drain terminals in the continuous diffusion region, and a third gate
2 layer arranged between the pair of gate lawyers to form a gate for a blocking
4 terminal for a transistor in the pair of transistors; and a means for coupling the
5 gate-directed local interconnect to the third gate layer where the gate-directed local
6 interconnect and the means are both located between the semiconductor substrate
7 and an adjacent lower-most metal layer. Thus, the accused devices infringe claim 17
9 161. With respect to claims 18 and 19, on information and belief, the circuit
10 found in the A10 process includes a continuous diffusion region that is either a p-
11 type diffusion region where the third gate layer is coupled to a supply voltage VDD,
12 or a n-type diffusion region where the third gate layer is coupled to the ground.
13 Thus, the accused devices infringe claims 18 and 19 of the 418 patent.
14 162. With respect to claim 20, on information and belief, where the means
15 for coupling in the circuit is formed within a footprint for the continuous diffusion
16 region. Thus, the accused devices infringe claim 20 of the 418 patent.
17 163. On information and belief, Apple is currently, and unless enjoined, will
18 continue to, actively induce and encourage infringement of the 418 patent. Apple
19 has known of the 418 patent at least since the time this complaint was filed and
21 encourages others to infringe the 418 patent. On information and belief, Apple
23 users of the accused devices. For example, Apples customers and the end users of
24 the Accused Devices test and/or operate the Accused Devices in the United States in
25 accordance with Apples instructions contained in, for example, its user manuals,
26 thereby also performing the claimed methods and directly infringing the asserted
27 claims of the Asserted Patents requiring such operation. These facts give rise to a
1 retailers, and end users, to directly infringe the 418 patent, and that Apple possesses
3 164. Apple also contributes to infringement of the 418 patent by selling for
4 importation into the United States, importing into the United States, and/or selling
5 within the United States after importation the accused devices and the non-staple
6 constituent parts of those devices, which are not suitable for substantial non-
7 infringing use and which embody a material part of the invention described in the
8 418 patent. These mobile electronic devices are known by Apple to be especially
9 made or especially adapted for use in the infringement of the 418 patent. Apple
10 also contributes to the infringement of the 418 patent by selling for importation into
11 the United States, importing into the United States, and/or selling within the United
12 States after importation components, such as the chipsets or software containing the
13 infringing functionality, of the accused devices, which are not suitable for
14 substantial non-infringing use and which embody a material part of the invention
15 described in the 418 patent. These mobile devices are known by Apple to be
16 especially made or especially adapted for use in the infringement of the 418 patent.
17 Specifically, on information and belief, Apple sells the accused devices to resellers,
18 retailers, and end users with knowledge that the devices are used for infringement.
19 End users of those mobile electronic devices directly infringe the 418 patent.
20 165. Apples acts of infringement have occurred within this district and
21 elsewhere throughout the United States.
22 166. Qualcomm has been damaged and will suffer additional damages and
23 irreparable harm unless Apple is enjoined from further infringement. Qualcomm
11 (f) Awarding such other and further relief as the Court deems just and
12 proper.
15 JONES DAY
16
Karen P. Hewitt (SBN 145309)
kphewitt@jonesday.com
17 Randall E. Kay (SBN 149369)
18 rekay@jonesday.com
4655 Executive Drive, Suite 1500
19 San Diego, California 92121
20 Telephone: (858) 314-1200
Facsimile: (844) 345-3178
21
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17
18
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21
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7 JONES DAY
8
Karen P. Hewitt (SBN 145309)
kphewitt@jonesday.com
9 Randall E. Kay (SBN 149369)
10 rekay@jonesday.com
4655 Executive Drive, Suite 1500
11 San Diego, California 92121
12 Telephone: (858) 314-1200
Facsimile: (844) 345-3178
13